Appeal of A.W., on behalf of her child, from action of the Board of Education of the Jericho Union Free School District regarding grading.

Decision No. 18,406

(May 6, 2024)

Ingerman Smith, LLP, attorneys for respondent, Thomas Leddy, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the Jericho Union Free School District (“respondent”) regarding a grade assigned to her child.  The appeal must be dismissed as moot. 

The Commissioner will only decide matters in actual controversy and will not render a decision on a state of facts that no longer exists due to the passage of time or a change in circumstances (Appeal of Sutton, 57 Ed Dept Rep, Decision No. 17,331; Appeal of a Student with a Disability, 48 id. 532, Decision No. 15,940; Appeal of M.M., 48 id. 527, Decision No. 15,937; see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]).  Where the Commissioner can no longer award a petitioner meaningful relief on his or her claims, no live controversy remains and the appeal must be dismissed (Appeal of R.B., 57 Ed Dept Rep, Decision No. 17,394; Appeal of N.C., 40 id. 445, Decision No. 14,522). 

Petitioner requests that the grade her child (the “student”) received on the June 2023 U.S. History and Government Regents examination be expunged from the student’s record or invalidated based on claims of misadministration.  Following commencement of this appeal, the student took the examination a second time in August 2023, receiving a score of 90.  Respondent’s director of pupil personnel services asserts that the district “does not maintain a record” of the student’s score on the June 2023 Regents exam and “will not make a report of any other score [than the August 2023 score of 90] to authorized entities.”  Accordingly, there is no further meaningful relief that can be granted, and the appeal must be dismissed as moot (Appeal of Jones, 62 Ed Dept Rep, Decision No. 18,247; Appeal of a Student with a Disability, 57 id., Decision No. 17,217).

In light of the foregoing, I need not address the parties’ remaining contentions.

THE APPEAL IS DISMISSED.

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